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  • These are legal interests in land ensuring judicial certainty in the event of disputes (i.e. not merely equitable interest allowing judicial discretion as to the outcome).
  • Think of Legalease-ments (jargon) as op. Equitable Interests
    • Two Types of easement, Usage and Granted:
      • 1. Entitled by use - uninterrupted for 20 years without
        • Concealment (Secrecy
        • Force
        • Permission
          • (the mnemonic CFP is a lettings software program used by letting agents assisting electronic management of  tenancies)
      • 2 Expressly granted (i.e. documented upon sale of property in the property deeds).
        • Usu. involves two separately owned portions of adjacent land with a dominant right over the owners land by the non-owner.
        • This right creates a Dominant and Servient Tenement.
        • The dominant right benefits the non-owner
        • The servient tenement suffers the burden of the dominant non-owner using the right of way to access another nearby portion of land.
        • Such situations are usually clear in the deeds but can cause neighbour disputes when unclear.
        • The Law of Property Acts 1925 provide the rules.
        • Examples include rights of [L.A.W.S.):
          • Light
          • Aqua (Water)
          • Way
          • Support e.g. a supporting wall.

See also

Published: 5 November 2013 Last Updated: 4 December 2021